BOARD DATE:	  3 February 2011

		DOCKET NUMBER:  AR20100019644 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of his request for award of the Presidential Unit Citation (PUC).

2.  He states the Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 4th Infantry Division (ID), Headquarters and Headquarters Company, 1st Brigade, was awarded the PUC for the period 29 October to 30 November 1967, by Department of the Army General Orders Number 38, dated 1971.

3.  He provides excerpts from the pamphlet and an article from the Veterans of Foreign Wars (VFW) magazine.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090005245, on 10 September 2009.

2.  The VFW Article, titled "4th Division's Role Often Overlooked" explains that the 4th ID had a more significant role than they were given credit for.  The author stated the 1st Brigade lost 86 killed in action (KIA) during Dak To, with the 3rd Battalion, 8th Infantry Regiment, accounting for 46 KIA, and 3rd Battalion, 12th Infantry Regiment, sacrificing 24 KIA.  The 4th ID commander said the brutal fighting was the worst they had as confirmed by the 1st Brigade's PUC for defeating a numerically superior enemy.

3.  In the previous case, it was noted that the applicant served in the Republic of Vietnam from 27 August 1967 to 2 September 1968 and he was assigned to Company E, 3rd Battalion, 12th Infantry Regiment, 4th ID.

4.  A review of item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) also shows he was assigned to Headquarters and Headquarters Company, 3rd Battalion, 12th Infantry Regiment, 4th ID, from       15 September to 24 October 1967, prior to his assignment to Company E on      25 October 1967.

5.  Department of the Army Pamphlet 672-3, page 18, lists the unit awards received by 3rd Battalion, 12th Infantry Regiment, to which he was assigned.  As stated in the previous case, it shows his unit was awarded the PUC in recognition of actions during the period 18 to 26 May 1967. 

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant provided excerpts from the Department of the Army Pamphlet 672-3 that shows the 4th ID, Headquarters and Headquarters Company, 1st Brigade, was awarded the PUC for the period 29 October 1967 to 30 November 1967, there is no evidence that he was assigned to that unit.

2.  Evidence shows he was assigned to 3rd Battalion, 12th Infantry Regiment for the duration of his tour in the Republic of Vietnam from 15 September 1967 to 31 August 1968.  The evidence also shows this unit was awarded the PUC in recognition of actions during the period 18 to 26 May 1967, but he was not assigned to the unit during the period it was cited for this award.  Therefore, there is no basis for granting his requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__x___  __x______  ___x_____  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20090005245, dated 10 September 2009.



      _______ _ x  _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100019644



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ABCMR Record of Proceedings (cont)                                         AR20100019644



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